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Ord 1992-016
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Ord 1992-016
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Last modified
7/9/2007 10:54:17 AM
Creation date
7/9/2007 10:54:17 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Zoning
Number
1992-16
Date
2/10/1992
Volume Book
106
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<br />(c) Nonconforming uses: A nonconforming use may be <br />continued as long as it remains otherwise lawful, <br />subject to the following provisions: <br /> <br />( 1 ) No existing structure devoted to a <br />nonconforming use shall be enlarged, extended, <br />constructed, reconstructed, moved, or <br />structurally altered. <br /> <br />(2) The use of the structure shall only be changed <br />to a use permitted in the district in which it <br />is located. <br /> <br />(3) A nonconforming use that has been discontinued <br />may be resumed only if there has been no other <br />use of the premises or structure since the <br />nonconforming use was discontinued. <br /> <br />(4) Any nonconforming use may be extended <br />throughout any parts of a building which were <br />manifestly arranged or designed for such use <br />at the time of adoption or amendment of this <br />ordinance, but no such use shall be extended <br />to occupy any land outside such building. <br /> <br />(5) Removal or destruction of a structure <br />containing a nonconforming use shall eliminate <br />the nonconforming use status. Destruction for <br />the purpose of this subsection is defined as <br />damage to an extent of more than fifty (5Ø) <br />percent of the replacement cost at the time of <br />destruction. <br /> <br />(D) Repairs and maintenance: On any nonconforming <br />structure, or nonconforming portion of a structure, <br />containing a nonconf~rming use, no work may be done <br />in any period of twelve (12) consecutive months on <br />ordinary repairs, or on repair or replacement of <br />nonload-bearing walls, fixtures, wiring or <br />plumbing, to an extent exceeding ten (lØ) percent <br />of the current replacement cost of the <br />nonconforming structure or nonconforming portion of <br />the structure. If fifty (SØ) percent or more of <br />the nonconforming structure containing a <br />nonconforming use becomes physically unsafe or <br />unlawful due to lack of repairs or maintenance, and <br />is declared by a duly authorized official to be <br />unsafe or unlawful by reason of physical condition, <br />it shall not thereafter be restored, repaired or <br />rebuilt except in conformity with the regulations <br />of the district in which it is located. <br /> <br />SECTION 14. That if any word, phrase, clause, sentence, <br />or paragraph of this ordinance is held to be unconstitutional <br />or invalid by a court of competent jurisdiction, the <br />remaining provisions of this ordinance shall remain in effect <br />as if the unconstitutional or invalid portion had not been <br />adopted. <br /> <br />SECTION 15. That all ordinances or parts of ordinances <br />in conflict herewith are hereby repealed. <br /> <br />SECTION 16. That any person violating any provision of <br />this ordinance shall be deemed guilty of a misdemeanor and <br />upon conviction shall be subj ect to the penalty provided in <br />Section 1-5 of the San marcos Code of Ordinances. <br /> <br />SECTION 17. That this Ordinance shall be in effect ten <br />(lØ) days from and after its passage, and it shall òe <br />
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